May v Bonta EN BANC DENIED by the 9th Circuit: What's Next?

Published on January 23, 2025
Duration: 20:03

The 9th Circuit denied an en banc hearing for the May v. Bonta case, indicating a strategic shift towards pursuing final judgments in trial courts before appealing to the Supreme Court. This approach aims to build a stronger factual record, which the Supreme Court prefers for accepting cases. The discussion highlights the ongoing legal battles over 'sensitive places' and the broader evolution of Second Amendment law following key Supreme Court decisions like Heller, McDonald, and Bruen.

Quick Summary

The 9th Circuit denied an en banc hearing for the May v. Bonta case, signaling a strategic shift towards securing final judgments in trial courts before appealing to the Supreme Court. This approach aims to build a stronger factual record, which the Supreme Court prefers for accepting Second Amendment cases, impacting the future of gun rights litigation in California.

Chapters

  1. 00:00Intro: Shot Show 2025 & CRPA TV Content
  2. 00:36Welcome & Introduction of Chuck Michel
  3. 01:15CRPA 150th Anniversary & Merchandise
  4. 02:08Evolution of Second Amendment Law
  5. 03:00Early Gun Control: Sullivan Law & CA Concealed Carry Bans
  6. 03:52California Assault Weapon Control Act
  7. 04:38Heller and McDonald Decisions
  8. 05:32Bruen Decision and its Impact
  9. 06:12CRPA's CCW Reckoning Project
  10. 07:44May v. Bonta: 9th Circuit En Banc Denial
  11. 08:29Prohibited Places & Sensitive Zones Litigation
  12. 10:39Supreme Court Appeal Strategy: Final Judgments
  13. 11:15Other Sensitive Places Cases (NY, Hawaii)
  14. 12:04Wolford Case & the 'Vampire Rule'
  15. 13:01California Cases (May, Caballero) Return to Trial Court
  16. 13:34Strategy: Bypassing Preliminary Injunctions for Summary Judgment
  17. 15:53Bolan Decision & Handgun Roster Issues
  18. 16:29Duncan & Ropie Cases: Bottlenecked by Supreme Court
  19. 17:10Supreme Court's Role in Setting Methodology
  20. 17:55Cultural Movement & Administration Outlook
  21. 18:21Outlook for 2025: CCW Battles & ATF
  22. 18:57Support CRPA: Lawsuits, Programs, and Membership
  23. 19:20Concluding Remarks & Call to Action

Frequently Asked Questions

Why did the 9th Circuit deny the en banc hearing for the May v. Bonta case?

The 9th Circuit denied the en banc hearing for May v. Bonta, indicating a strategic preference for pursuing final judgments in trial courts. This approach allows for a more robust factual record to be established, which is crucial for the Supreme Court's consideration of Second Amendment cases.

What is the current strategy for appealing Second Amendment cases to the Supreme Court?

The current strategy emphasizes obtaining final judgments in trial courts before appealing. This means focusing on motions for summary judgment or proceeding through trial to secure a definitive ruling, rather than relying solely on preliminary injunctions, which the Supreme Court is less likely to review.

How does the Bruen decision impact California's gun laws?

The Bruen decision invalidated 'proper cause' requirements for concealed carry permits, leading to challenges against similar restrictions in California. It also opened the door for legal battles over what constitutes 'sensitive places' where firearms can be prohibited.

What are the implications of the 'sensitive places' doctrine in gun litigation?

The 'sensitive places' doctrine allows for firearm bans in specific locations, but its interpretation is highly contested. The debate centers on defining these areas and ensuring that bans are consistent with Second Amendment principles, as highlighted in cases like May v. Bonta.

What is the status of other significant Second Amendment cases in California?

Cases like Duncan (challenging semi-auto bans) and Ropie (challenging ammo background checks) are currently bottlenecked, potentially awaiting Supreme Court rulings on the methodology for evaluating Second Amendment challenges. This highlights the interconnectedness of gun rights litigation.

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